TANAJI HARIBHAU JAGDALE Vs. STATE GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) By this common order we dispose of the writ petition and PIL. PIL No.79 of 2002 was filed in September, 2002 seeking a writ calling for record and proceedings in respect of the order passed by Respondent No.2, Collector, Satara bearing No.MHA/3/Jamin-Gra/816 and directing Respondent nos.1, 3 and 5 to deliver the land granted under the impugned order dated 5.8.2002 to Respondent No.4 Gram Panchayat.

(2.) The facts leading to filing of PIL No.79 of 2002 briefly stated are as follows : Vide the impugned order dated 5.8.2002 passed by Respondent No.2 at the instance of Respondent No.1 possession of the gairan (grazing land) admeasuring 10 Hectares 94 Ares out of Gat No.1110 was directed to be given to Respondent No.5 (Jarandeshwar Sahakari Sakhar Karkhana) for industrial purposes. According to the Petitioners, the land allotted was gairan land. The Petitioners were alerted by a news article dated 21.7.2002 which reported that an educational institution run by Respondent no.5 has been granted a part of gairan land in village Kumthe for opening a Medical College. They then made representation to the Hon'ble Chief Minister against the proposal stating that already 35 acres of gairan land has been taken over by the State for the purpose of rehabilitation of project affected villagers from the Dhom Dam project.

(3.) According to the Petitioners, considering the number of cattle in the village, the land remaining is inadequate for the purpose of grazing. It is therefore alleged that the purported action in allotting the land to Respondent no.5 was malafide. It transpired that Respondent No.5 vide letter dated 9.5.2002 requested the Collector - Respondent no.2 to grant an area of 102 Acres and 38 Ares out of Gat No.1109, 1110 and 787 which were lands reserved for grazing and it is on the process of application of Respondent No.2 and the Additional Secretary of Respondent No.1 granted a land admeasuring 10 Hectares and 94 Ares out of Gat No.1110. Reference is made to a Government Resolution dated 26.3.1994 and also Rule 31 of the Maharashtra Land Revenue Code (Government Disposal Lands) Rules, 1971. It is further stated that the aforesaid land was given at price Rs.10,39,300/-. However, the grant was subject to certain conditions. According to the Petitioner as on date of the petition, only 60 Hectares and 71 Are were available to the villagers of village Kumthe for the purposes of grazing about 7000 cattle. The impugned order reduces gairan land, adding to the misery of the villagers resulting from unavailability of grazing land.